alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Commissioners of the State Insurance Fund, Appellants, *v.*Richard Crown et al., Respondents.

Supreme Court, Appellate Term, First Department,

November 12,1970.

*594*Herbert Lasky*and *Leonard M. Schnitser*for appellants. *Lynch & Kelly (Hugh J. Boylan*of counsel), for -¿Etna Insurance Company, respondent. *O’Dwyer & Bernstien (Paul O’Dwyer*and *Howard N. Meyer*of counsel), for themselves and Richard Crown, respondents.

*Per Curiam.*

Prejudgment interest is not recoverable on the workmen’s compensation lien provided by section 29 of the Workmen’s Compensation Law, just as prejudgment interest is not recoverable on personal injury claims. Such lien attaches to and becomes part of the third-party claim when a third-party action is instituted. When judgment is entered on the third-party claim, part thereof represents the amount of the lien. CPLR 5003 provides that every money judgment shall bear interest from the date of its entry. The interest accruing on the judgment from date of entry is apportionable in accordance with the respective amounts of the lien due to the compensation carrier and the balance due to claimant. Accordingly, when payment of the judgment with interest is received, that portion of the proceeds representing the amount of the lien and the interest thereon is held for the benefit of the compensation carrier. If - claimant were to be permitted to retain for himself the entire interest and to pay over only the principal amount of the lien, he would be obtaining interest on that portion of the judgment which does not belong to him *(Candiano*v. *Moore-McCormack Lines,*407 F. 2d 385, 387).

The claim herein of the State Insurance Fund for such proportionate postjudgment interest is enforceable against the attorneys for the plaintiff in the third-party action, who with notice of the lien disbursed the proceeds of the recovery (cf. *Commissioners of State Ins. Fund*v. *Stevens,*25 Misc 2d 799; *Commissioners of State Ins. Fund*v. *Parilla,*31 Misc 2d 835).

The contention that an accord and satisfaction was effected as the result of the depositing of the check for the principal amount of the lien, marked in full payment of the lien and all *595claims, must be viewed as without merit. The mere placing of such a legend on a check is insufficient to constitute an accord and satisfaction unless there is a bona fide dispute or disagreement regarding the merits of the claim. Here the very statement regarding the alleged disputed items indicates on its face its insuhstantiality and lack of merit.

The order, so far as appealed from, should be reversed, with $10 costs, motion of defendants O’Dwyer & Bernstein for summary judgment dismissing the complaint denied, and plaintiffs ’ motion for summary judgment granted.

Concur — Gold, J. P., Markowitz and Quinn, JJ.

Order reversed, etc.
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                          OF CORPORATE GENERAL PARTNER

            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, James M. Seneff, Jr., the Chief Executive Officer of CNL Realty
Corporation,  the  corporate  general  partner of CNL Income Fund XII, Ltd. (the
"Partnership"),  has executed this  certification  in connection with the filing
with the  Securities  and Exchange  Commission  of the  Partnership's  Quarterly
Report on Form 10-Q for the period ending September 30, 2003 (the "Report"). The
undersigned hereby certifies that:

(1) the Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and

(2) the  information  contained in the Report fairly  presents,  in all material
respects, the financial condition and results of operations of the Partnership.




Date:  November 12, 2003                      /s/ James M. Seneff, Jr.
                                              --------------------------------
                                              Name:  James M. Seneff, Jr.
                                              Title: Chief Executive Officer


                                              A signed  original of this written
                                              statement  required by Section 906
                                              has been  provided  to CNL  Income
                                              Fund   XII,   Ltd.   and  will  be
                                              retained  by CNL Income  Fund XII,
                                              Ltd.   and    furnished   to   the
                                              Securities and Exchange Commission
                                              or its staff upon request.
Exhibit 32.2**CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**     In connection with the Quarterly Report on Form 10-Q of Insurance Auto Auctions, Inc. (the“Company”) for the quarterly period ended June 25, 2006, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Scott P. Pettit, Chief Financial Officer of theCompany, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: (1) the Report fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and (2) the information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.Date: August 9, 2006                                                  /s/ Scott P. Pettit   Scott P. Pettit, Chief Financial Officer           This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Actof 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the SecuritiesExchange Act of 1934, as amended.     A signed original of this written statement required by Section 906 has been provided to theCompany and will be retained by the Company and furnished to the Securities and Exchange Commissionor its staff upon request.
EXHIBIT 10.1


Acknowledgement and Consent


This Acknowledgement and Consent (the "Acknowledgement and Consent") is entered into pursuant to the Employment Agreement (the "Employment Agreement"), dated as of August 18, 2008, by and between Kevin Cummings ("Executive") and Investors Bancorp, Inc. (the "Company"), and is effective as of July 9, 2018.


WHEREAS, pursuant to the terms of the Employment Agreement, Executive has served as President and Chief Executive Officer of the Company and Investors Bank, the wholly owned subsidiary of the Company (the "Bank"); and


WHEREAS, effective May 22, 2018, Executive was also appointed Chairman of the Board of Directors of the Company and the Bank; and


WHEREAS, in accordance with management succession plans approved by the Board in consultation with Executive, effective May 22, 2018, Executive will discontinue service as President of the Company and the Bank, and will serve in the position as Chief Executive Officer and Chairman of the Board of the Company and the Bank (the "New Position").


NOW, THEREFORE, the Executive hereby consents to and acknowledges the following related to his Employment Agreement:



	
1.

	
Executive hereby consents to serving as Chairman of the Board of Directors and Chief Executive Officer, but not President, of the Company and the Bank, and agrees and acknowledges that the failure to continue Executive as President of the Company and the Bank does not constitute a breach of the Employment Agreement.













	
2.

	
Executive acknowledges and agrees that the failure to continue Executive as President of the Company and the Bank, and any related changes to Executive's functions, duties and responsibilities, does not constitute an "Event of Termination" for purposes of Section 6 of the Employment Agreement.













	
3.

	
Executive acknowledges that for purposes of the Employment Agreement, the New Position will be his executive position and his responsibilities, duties and responsibilities to Investors will be commensurate with the New Position.












[Signature Page to Follow]
















The parties hereto have signed this Acknowledgment and Consent as of the dates below.







Executive:


/s/ Kevin Cummings 


Kevin Cummings







Date:  July 9, 2018 







Investors Bancorp, Inc.







By:/s/ Elaine Rizzo 







Title: SVP and Chief Human Resources Officer 







Date: July 9, 2018
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               SEP-30-2000
<CASH>                                          38,778
<SECURITIES>                                    58,800
<RECEIVABLES>                                   29,550
<ALLOWANCES>                                     1,499
<INVENTORY>                                     63,217
<CURRENT-ASSETS>                               190,117
<PP&E>                                          27,800
<DEPRECIATION>                                  22,371
<TOTAL-ASSETS>                                 260,724
<CURRENT-LIABILITIES>                           44,179
<BONDS>                                            314
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             3
<OTHER-SE>                                     211,232
<TOTAL-LIABILITY-AND-EQUITY>                   260,724
<SALES>                                        141,923
<TOTAL-REVENUES>                               141,923
<CGS>                                           97,759
<TOTAL-COSTS>                                   97,759
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 133
<INCOME-PRETAX>                                 14,876
<INCOME-TAX>                                       680
<INCOME-CONTINUING>                             25,026
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    25,026
<EPS-BASIC>                                       1.07
<EPS-DILUTED>                                     0.96


</TABLE>
QUAYSHAUN HEATH , Petitioner,

v.
STATE OF FLORIDA , Respondent. ___________________________/ IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
CASE NO. 1D 17

- 2411

Opinion filed September 20 , 2017.
Petition for Belated Appeal

-- Original Jurisdiction

. Quayshaun Heath, pro se , Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee , for Respondent.

PER CURIAM. The petition for bela ted appeal is granted. Petitioner shall be allowed a belated appeal from the March 1, 2017, Order Denying Motion for Postconviction Relief in Duval County Circuit Court case number 16

- 2011

- CF

- 8018

- AXXX

- MA. Upon issuance of mandate in this cause, a copy o f this opinion shall be provided to the clerk of the circuit court for treatment as the notice of appeal. Fla. R. App. P. 9.141(c)(6)(D). MAKAR, OSTERHAUS, and WINOKUR, JJ., CONCUR.
#### WASH-A-MATIC, INC., a Utah Corporation, Plaintiff and Appellant, v. Willis RUPP, aka Willie Rupp, Defendant and Respondent.

No. 13688.

Supreme Court of Utah.

Feb. 25, 1975.

*683Glen E. Davies and Walter J. Plumb, III, Pugsley, Hayes, Watkiss, Campbell & Cowley, Salt Lake City, for plaintiff and appellant.

Gerald G. Gundry and Warren M. Weggeland, Salt Lake City, for defendant and respondent.

ELLETT, Justice:

The plaintiff sued on a written purchase order which contained the following notation :

> 1. Subject to Financing & Equip, selection 2. check refundable if Financing not arranged.

The plaintiff in an attempt to arrange financing got Equipment Leasing, a California company, to talk with the defendant about a lease whereby the plaintiff would sell the material set out in the purchase order to Equipment Leasing and that company in turn would lease it to the defendant.

The plaintiff asserts that financing was thus arranged, and since the defendant refused to accept the equipment when it arrived pursuant to direction of the plaintiff, the defendant breached the purchase order and is liable for damages,

It appears that the plaintiff intended that its sale would be made to Equipment Leasing and not to the defendant.

The record shows that no lease was ever entered into. It cannot be found from the record what terms Equipment Leasing would impose on Mr. Rupp if it bought the material and leased it to him.

Mr. Rupp testified that he once inquired of Equipment Leasing “if his lease programs were open and/or close end” and was informed by the agent that he would have to get all of the figures in before he could give the information. He further testified that the information was never given and that he was trying to see whether it would be to his advantage to lease or to try to finance a purchase through a local bank.

Mr. Rupp made a down payment of $200 at the time he signed the purchase order. He testified that the plaintiff told him steel would go up ten per cent and the order would get the lower price and that the $200 would be refunded if the deal did not go through.

The trial judge sitting without the aid of a jury found that there was no binding contract between plaintiff and defendant and that plaintiff was not entitled to any damages.

The evidence was sufficient to sustain the judgment made, and we should sustain the trial court even if we might have come to a different decision had we been trying the matter.1

The judgment is, therefore, affirmed. Costs are awarded to the respondent.

CROCKETT, TUCKETT and MAUGHAN, JJ., concur.

HENRIOD, C. J., dissents.

1

. Charlton v. Hackett, 11 Utah 2d 389, 360 P.2d 176 (1961).
**Short Newsletter Story**

Imagine not having real maple syrup with your pancakes or orange juice to enjoy with breakfast. Or not relaxing under the shade of an ash tree with a glass of California wine. Invasive pests and diseases threaten so many things we hold dear.

If left unchecked, these “hungry pests” can affect many aspects of life—the fabric in clothing, food on the table, lumber used to build homes, flowers in the garden—and have already cost billions of dollars to the U.S. economy. Some can even hurt public health. What can you do to help leave these hungry pests behind? Visit www.HungryPests.com to learn more.
**Exhibit 23**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We hereby consent to the incorporation byreference in the Registration Statement on Form S-3 (File Nos. 33-75826, 333-01273, 333-03131, 333-18001, 333-76338, 333-109263, and 333-130741) and on Form S-8 (File Nos. 33-58742, 33-76652, 33-94730, 333-24969, 33-94736, 333-40315, 333-48911,333-40572, 333-104094, 333-104095, 333-115921, 333-127987, 333-137848, and 333-146487) of Indevus Pharmaceuticals, Inc. of our report dated December 10, 2008 relating to the financial statements and the effectiveness of internal control overfinancial reporting, which appears in this Form 10-K. 

PricewaterhouseCoopers LLP 

Boston, Massachusetts 

December 10, 2008
```

[Federal Register Volume 78, Number 176 (Wednesday, September 11, 2013)]
[Notices]
[Page 55696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22200]

=======================================================================
-----------------------------------------------------------------------

EXPORT-IMPORT BANK

Sunshine Act Meeting

ACTION: Notice of a Partially Open Meeting of the Board of Directors of 
the Export-Import Bank of the United States.

-----------------------------------------------------------------------

TIME AND PLACE: Thursday, September 19, 2013 at 1:00 p.m. The meeting 
will be held at Ex-Im Bank in Room 321, 811 Vermont Avenue NW., 
Washington, DC 20571.

OPEN AGENDA ITEMS: Item No. 1: PEFCO Secured Notes Resolutions for FY 
2014.

PUBLIC PARTICIPATION: The meeting will be open to public observation 
for Item No. 1 only.

FURTHER INFORMATION: Members of the public who wish to attend the 
meeting should call Joyce Stone, Office of the Secretariat, 811 Vermont 
Avenue NW., Washington, DC 20571 (202) 565-3336 by close of business 
Wednesday, September 18, 2013.

Cristopolis Dieguez,
Program Specialist, Office of the General Counsel.
[FR Doc. 2013-22200 Filed 9-9-13; 4:15 pm]
BILLING CODE 6690-01-P
```
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 331 Introduced in House (IH)]

114th CONGRESS
  1st Session
H. RES. 331

       Expressing support for States to adopt ``Racheal's Law''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2015

   Ms. Michelle Lujan Grisham of New Mexico submitted the following 
    resolution; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION

 
       Expressing support for States to adopt ``Racheal's Law''.

Whereas there are approximately 293,000 victims of sexual assault every year;
Whereas 82 percent of sexual assaults were perpetrated by a non-stranger;
Whereas 46 percent of rapists who were released from prison were re-arrested 
        within 3 years of their release for another crime; of which 18.6 percent 
        was for a violent offense;
Whereas victims of sexual assault are 3 times more likely to suffer from 
        depression, 6 times more likely to suffer from post-traumatic stress 
        disorder, 13 times more likely to abuse alcohol, 26 times more likely to 
        abuse drugs, and 4 times more likely to contemplate suicide; and
Whereas victim interaction with their offender can cause further emotional 
        trauma: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) encourages States to ensure that victims of rape or 
        sexual assault can file and obtain a restraining order against 
        the guilty party for an indefinite period of time without the 
        necessity of renewal or refiling; and
            (2) encourages States to ensure that victims of rape or 
        sexual assault can be represented by an attorney instead of 
        being physically present during hearings involving their 
        convicted attacker.
                                 <all>
```
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         December 7, 2023.                    

# FOR FURTHER INFORMATION CONTACT:

Sean Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 22, 2023, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail & USPS Ground Advantage® Contract 113 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2024-70, CP2024-71.                

Sean Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2023-26811 Filed 12-6-23; 8:45 am]

BILLING CODE 7710-12-P
#### The People of the State of New York, Respondent, v Fred Rudolph Tucker, Jr., Appellant.

—Judgment unanimously affirmed. Memorandum: Defendant contends that the court’s charge on his alibi defense was erroneous because it suggested that the defendant had a burden of proof, which he does not *(see, People v Victor,*62 NY2d 374). We are obliged to address that issue notwithstanding defendant’s failure to preserve it for review by timely objection *(see, People v Jackson,*167 AD2d 893). We find the error harmless, however, because the evidence of defendant’s guilt was overwhelming. The victim of the attempted murder, who was a close acquaintance of the defendant, testified that defendant fired several shots at her and her boyfriend, the murder victim, in retaliation for her boyfriend’s alleged theft of cocaine from the codefendant. Another witness testified that he observed defendant carrying the murder weapon shortly after the shooting occurred. Thus, we conclude that there is no reasonable possibility that the court’s erroneous alibi instruction contributed to defendant’s convictions *(see, People v Crimmins,*36 NY2d 230, 237; *People v Cadorette,*83 AD2d 908, *affd*56 NY2d 1007; *People v Shaw,*112 AD2d 958, 959).

We have reviewed the other issues raised on appeal by counsel and by defendant *pro se*and find them to be without merit. (Appeal from Judgment of Monroe County Court, Egan, J.—Murder, 2nd Degree.) Present—Callahan, J. P., Denman, Green, Pine and Lowery, JJ.
<PAGE>
                                  EXHIBIT 99.3
                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

This Certification is intended to accompany the Annual Report of Hanover Foods
Corporation (the "Company") on Form 10-K for the year ended June 2, 2002 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), and is given solely for the purpose of satisfying the requirements of
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002. To the best of my knowledge, the undersigned, in my capacity as set
forth below, hereby certifies that:

         1.       The Report fully complies with the requirements of Section
                  13(a) or 15(d) of the Securities Exchange Act of 1934; and

         2.       The information contained in the Report fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Company.

  /s/  Gary T. Knisely, Chief Financial Officer        Date: September 3, 2002